BILL ANALYSIS ---------------------------------------------------------- |Hearing Date:July 9, 2007 |Bill No:AB | | |1486 | ---------------------------------------------------------- SENATE COMMITTEE ON BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT Senator Mark Ridley-Thomas, Chair Bill No: AB 1486Author:Charles Calderon As Amended:June 26, 2007 Fiscal: Yes SUBJECT: Licensed professional counselors. SUMMARY: Provides for the licensing and regulation of professional counselors by the Board of Behavioral Sciences (Board). Existing law: 1)Provides for the licensing and regulation of the practice of psychotherapy preformed by marriage and family therapists (MFTs), licensed educational psychologists (LEPs), and licensed clinical social workers (LCSWs) by the Board of Behavioral Sciences (Board) within the Department of Consumer Affairs. 2)Provides for an 11 member Board, consisting of: a) 5 professional members (all Governor appointees) consisting of: 2 LCSW licenses 1 LEP licensee 2 MFT licensees b) 6 public members consisting of: 1 Senate Committee on Rules 1 Speaker of the Assembly 4 Governor 3)Defines a psychotherapist as a physician and surgeon AB 1486 Page 2 specializing in psychiatry or practicing psychotherapy, a psychologist, a clinical social worker, a marriage and family therapist, a psychological assistant, a marriage and family therapist registered intern or trainee, or an associate clinical social worker. 4)Establishes the following general requirements for licensure of psychotherapists: a) A graduate degree from an accredited school in a related clinical field. b) Extensive hours of supervised experience gained over a specified number of years. c) Registration with the Board while gaining the supervised experience. d) Standard and Clinical Vignette licensing examinations. 5)Defines the practice of marriage and family therapy as service performed with individuals, couples, or groups wherein interpersonal relationships are examined for the purpose of achieving more adequate, satisfying, and productive marriage and family adjustments. 6)Defines the practice of clinical social work as service in which a special knowledge of social resources, human capabilities, and the part that unconscious motivation plays in determining behavior, and service that is directed at helping people achieve more adequate, satisfying, and productive social adjustments. 7)The Child Abuse and Neglect Reporting Act, requires a mandated reporter to report whenever he or she has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. This bill: 1)Creates the Licensed Professional Counselors Act (Act) that provides for the licensing and regulation of licensed professional counselors (LPCs), as defined, by the Board. AB 1486 Page 3 2)Defines professional counseling as the application of psychotherapeutic techniques, and mental health or human developmental principles, through assessment, cognitive, affective, behavioral, verbal or nonverbal, or systemic intervention strategies, consistent with scope, coursework and training required by the Act, and that address wellness, personal growth, adjustment to disability, crisis intervention, as well as pathology, and empower individuals to deal adequately with life situations, reduce stress, experience growth, and make well informed, rational decisions. 3)Restricts a professional counselor to the use of specific methods, techniques, or modalities he or she has the appropriate education and training, and to only those assessment activities they are qualified to perform by education and training. 4)Prohibits a person from practicing or advertising professional counseling services without a license from the Board, and excludes from the Act: a) Persons, not otherwise licensed to perform counseling services, who do not use the title "licensed professional counselor" or who do not represent themselves as licensed to practice professional counseling. b) The provisions of the Medical Practice Act, the Clinical Social Worker Practice Act, the Nursing Practice Act, the Psychology Licensing Law, or marriage and family therapy licensing laws. c) Any priest, rabbi, or religious minister who performs counseling services as part of his or her pastoral or professional duties. d) Any person who is admitted to practice law in this state, or is licensed to practice medicine, and who provides services as part of his or her professional practice. e) An employee of a governmental entity, school, college, university, or nonprofit charitable institution, if his or her practice is preformed AB 1486 Page 4 solely under the supervision of the entity, school, or organization by which he or she is employed, and if the functions are performed as part of the employment. 5)Specifies educational and experience requirements for applicant qualification, including a master's or doctor's degree from an accredited or state approved school in counseling or a closely related subject. 6)Provides that the Board shall make the final determination as to whether a degree meets all requirements, including, but not limited to, course requirements, regardless of accreditation. 7)Authorizes the Board to issue an LPC license to any person who has met the following requirements: a) Holds a master or doctoral degree in counseling, or a closely related degree, as specified. b) Completes 3,000 hours of supervised experience in the practice of professional counseling. c) Passes the examinations approved by the Board. d) Meets other regulatory requirements, including: i. not having committed acts or crimes that would be grounds for denial. ii. not having been convicted of a crime that involves sexual abuse of children. iii. passing a fingerprint check through the Department of Justice. 8)Authorizes the Board to issue an LPC license to any person who has held for at least two years a valid license as a professional counselor, or an equivalent title, in another jurisdiction of the United States, if: a) The education and supervised experience requirements are substantially equivalent. b) The applicant has passed the examinations approved by the Board. AB 1486 Page 5 c) The applicant pays the required fees. 9)States that it is the intent of the Legislature that a national licensing examination be evaluated by the Board as a requirement for LPC Licensure. 10)Permits the Board, under a grandparenting provision, to issue an LPC license to any person who meets specified education, coursework, experience, and examination requirements between October 1, 2008 and March 31, 2009, and requires specified documentation to be provided to the Board within 12 months for evaluation. 11)Provides that a license issued under the grandparenting provision of the bill shall be valid for six years from the date of issuance, and upon application for renewal, requires the applicant to pass an examination approved by the Board. 12)Authorizes an individual who meets certain coursework requirements, and who is currently licensed as a MFT or a LCSW to obtain a LPC license under the grandparenting provision. Those who have become licensed in this manner are not required to pass the examination required in # 11 above. 13)Requires the Board to accept applications for LPC intern registration on January 1, 2009. 14)Requires the Board to accept applications for LPC licensure beginning January 1, 2010. 15)Requires the Board to report each month to the State Controller the amount and source of all revenue received under the Act and deposit the entire amount in the State Treasury for credit to the Behavioral Sciences Fund (Fund). 16)Provides that the Board is not required to implement the provisions of this bill until funds have been appropriated from the Fund, as a loan, by the Legislature. 17)Requires the Governor to appoint two LPCs to the Board, and two additional public members. AB 1486 Page 6 18)Adds LPCs to the list of mandated reporters under the Child Abuse and Neglect Reporting Act. FISCAL EFFECT: The Assembly Appropriations analysis, dated May 9, 2007, indicates that the Board estimates creating this licensing category will require approximately $525,000 for the first year, with annual costs of $850,000. The Board also estimates that revenue generated by licensing fees will almost offset the cost of this bill in the first year. For the long term, however, the Board estimates the LPC category will generate almost $1.6 million in fee revenue per year; almost two times the cost of the program. COMMENTS: 1.Purpose. This bill is sponsored by the California Coalition for Counselor Licensure (CCCL, Sponsor) which is comprised of 10 counseling associations in California. CCCL has identified a number of workforce issues that they believe licensure of LPCs would address. They cite the 2003 California Workforce Initiative report The Mental Health Workforce: Who's Meeting California Needs? which states that unlicensed providers are meeting much of the mental health needs of Californians, and the problem is obtaining third-party reimbursement. The study further points out that the state will need an additional 13,000 to 20,000 mental health professionals by the year 2010. CCCL also explains that there is a shortage of mental health providers in rural areas to treat Medi-Cal beneficiaries, and this shortage could increase due to the passage of Proposition 63, which potentially will double the number of clients served. Proposition 63, the Mental Health Services Act (MHSA), passed in 2004, expands mental health care for children and adults through a 1% tax on taxable personal income over $1 million. Recent news articles have reported that many counties are receiving money from MHSA, far beyond what was projected. Yet, counties are finding it hard to recruit qualified staff. According to CCCL, "In terms of sheer numbers, AB 1486 Page 7 the MFTs and LCSWs can fill the positions; however, they are not filling those positions currently. LPCs curricula prepare them to readily adapt to the needs of the public mental health system under the principles of MHSA." Background provided by the Author's office states that master-level counselors are employed in 36 county mental health departments throughout the state, yet, without a license, there are limits to the services they can provide and the county cannot receive reimbursement unless the counselor is licensed. According to CCCL, 49 other states license Professional Counselors. The State of Nevada enacted legislation on June 14 of this year to become the 49th state to license LPCs; leaving California as the only state without licensure. 2.Federal Legislation. In 2006, the President signed the Veterans Benefits, Health Care, and Information Technology Act, recognizing LPCs as counseling providers to improve outreach and access to services for veterans. 3.Hurricane Katrina Assistance. In 2005, the American Counseling Association received a larger federal grant to help facilitate the immediate deployment of LPCs to Louisiana to provide mental health services for hurricane survivors. Volunteers participating in the effort were required to hold a state license as a professional counselor. According to CCCL, federal grant guidelines did not allow any exemptions from this requirement. Therefore, none of California's thousands of mental health counselors qualified (unless they were licensed in another state). The professional counselors deployed provided mental health services to individuals, families and children affected by the devastating effects of Hurricane Katrina. They helped clients cope with crisis (including suicidal ideation and substance abuse), post traumatic stress disorder (PTSD) symptoms, grief and loss, as well as assessing the need for both immediate and long-term intervention. 4.Related Legislation. AB 894 (La Suer) of 2005, similarly provided for the licensing and regulation of professional counselors by the Board. AB 894 was held in the Assembly AB 1486 Page 8 Appropriations Committee. The sponsor of AB 894, also CCCL, has worked with a number of stakeholders during the last year and substantially amended the original language contained in AB 894 to address many concerns of the opposition. AB 1486 is a product of negotiations between the proponents and opponents of AB 894, although some opposition remains. (ACR 231 (Yee), passed in 2004, documented the shortage and the expected demand for an additional 3, 000 to 20,000 mental health workers by the end of this decade. The LPC, trained as a generalist, is poised to address the diverse counseling needs of consumers. The U.C. San Francisco study, "The Mental Health Workforce: Who is Meeting Califomia"s Needs?" specifically recommended that legislative and regulatory barriers be removed for master's-level LPCs, as other states have done. 5.Sunrise Hearing. Subject heard by the Joint Committee in 2006. The issues presented in AB 894 were part of "Sunrise Review" by the Joint Committee on Boards, Commissions, and Consumer Protection (Joint Committee) in 2006. However, the Joint Committee was unable to reach a consensus necessary to either support or oppose the licensure and regulation of professional counselors. 6.Arguments in Support. CCCL argues that LPC licensure would meet the needs of a number of California individuals who do not fit into the structure of MFT or LCSW counseling. Furthermore, CCCL notes that while it has been argued that the scope of practice for LPCs is overly broad, it should be noted that the scope is very comparable to the current scope of MFTs. Furthermore, CCCL states that no practitioner, regardless of his or her particular license, can provide services for which he or she has not had the education and training to assure quality and treatment. The 2005 Code of Ethics of the American Counseling Association addresses the matter of boundaries of competence stating, "Professional counselors are restricted to the use of specific methods, techniques, or modalities for which they have the appropriate education and training. Professional counselors are obligated to refer clients to AB 1486 Page 9 other mental health professionals when they identify issues beyond their own scope of education, training, supervision, and/or experience." CCCL further argues that LPC education and training standards for licensure are on par with those of the other two masters level mental health providers, MFTs and LCSWs who have providing psychotherapy for many decades in California. These standards are also on par with national standards that regulate over 100,000 LPCs across the country. CCCL points out that in some respects LPC licensure is more demanding than MFT licensing qualifications. LPC licensing would require 3,000 hours of supervised experience post-degree. MFT licenses require 3,000 hours of supervised experience, 1,300 of which can be earned pre-degree. According to the American Association of State Counseling Boards (AASCB), "States have been licensing professional counselors for 30 years. Currently over 100,000 masters and doctoral-degreed professional counselors are licensed to practice independently in 48 states and the District of Columbia." AASCB concurs with the National Board for Certified Counselors and Affiliates stating, "AB 1486 closely follows the requirements used by other states for licensure of professional counselors. Requirements include educational standards, post-degree supervision, a standard national examination, and provisions for ongoing continuing education. As with other health and social services professions, states have adopted such requirements in order to protect the public and to endure a minimum level of competence for individuals seeking counseling." After the June 18 amendments, the Board of Behavioral Sciences (Board) now supports the bill, stating that the bill "establishes licensing requirements that are substantially equivalent to licensing standards for Marriage and Family Therapists and Licensed Clinical Social Workers, comparable professions that the Board currently regulates." In addition, "The Board supports licensure of professional counselors in California for reasons both human and economic. According to the World Health Organization, mental illness is the second leading AB 1486 Page 10 cause of disability worldwide. Many people in need of mental health services are unable to access such services or do not receive enough help, and LPCs would be another resource to help address this problem." The Board concludes, "There are many clinically trained counselors in California who are competent to provide mental health services, but cannot provide those services because they cannot be licensed here. This bill would provide these counselors with a path to licensure in California." The California Psychiatric Association , representing over 3,100 psychiatrists in California, states that under AB 1486 licensed professional counselors will be uniquely suited to engage in collaborative work with psychiatrists (and other mental health professionals) in county mental health systems, state institutions and in private practice. Pointing out that AB 1486 emphasizes the obligation of LPCs to refer "when they identify issues beyond the scope of their education, training, supervision and experience," the Association states, "The educational requirements and training experiences in the bill will tend to put LPCs in direct contact with psychiatrists. As they learn from and are supervised by psychiatrists, a foundation for future collaboration will be established." The California Registry of Professional Counselors and Paraprofessionals writes that it has been certifying counselors in California since 1990, but can only offer a voluntary credential, which does not have the weight of law behind it to enforce accountability. Even though registered counselors have met the professional standard, it is argued that their practice is restricted without licensure. "The Registry is contacted every day by counselors licensed in other states, who are unable to practice their profession in California, because there is not a license available to them." California Counseling Association and the Southern California Chapter of the American Dance Therapy Association contend that "Passage of this measure will address our state's mental health workforce shortages, Prop 63 implementation issues, the lack of professional and cultural diversity among mental health workers to reflect the changing needs and demographics in our state, AB 1486 Page 11 the lack of portability of professional credentials causing restraint of trade issues, and finally, as a matter of parity and equity, this measure will provide equal access to the professional options that licensure affords for counselors who are comparably trained to current licensees." The California Mental Health Counselors Association , adds, "Counselor education programs in California Universities have a high rate of minority students in their programs and would provide an excellent addition to the mental health workforce, who is dependent on licensed personnel." 7.Arguments in Opposition. The California Psychological Association (CPA) has an Oppose Unless Amended position and indicates that while it is not opposed to licensing for counselors, it does have concerns about a number of provisions in AB 1486. Scope of Practice . CPA argues that the proposed scope of practice for this master's level training is as broad as a doctoral-level psychologist's. However the educational requirement for LPC licensure will be a Master's degree in counseling or a "closely related degree." CPA further contends that the scope of practice is infinitely expandable without any additional approval by the Legislature, stating that the scope of practice will include any activity "consistent with scope and coursework and training required in subdivision (c) of Section 4999.32." CPA argues that this sentence allows ANY practice or procedure solely on the basis of a course description, a survey course or an introductory course. "Scopes of practice must be specific in the law and not include ambiguous language that would allow activities that were not explicit when the Legislative policy committees considered the bill." CPA asks that the scope of practice be clear, specific and unambiguous and that all language be deleted that would allow expansion of the scope of practice without returning to the Legislature. Psychological Testing . CPA has argued that the psychological testing described in the definition of assessment in Section 4999.12 was a complex specialty that requires specific and comprehensive training and has requested specific amendments to address their concerns. AB 1486 Page 12 However, Committee Staff notes that the definition of assessment was amended on June 18, in an effort to satisfy CPA's concerns on this issue. Related Degrees . CPA points out that eligibility for the proposed LPC license will be anyone with a master's degree in counseling or a "closely related degree." CPA indicates that only 12 states permit a "related degree" as academic preparation for an LPC. "Related degrees include, but are not limited to, rehabilitation, art therapy, school counseling, dance or movement therapy or career development. All individuals with these degrees would be licensed to practice psychotherapy under one general license." CPA argues that for consumer protection purposes, all references to including individuals with "related degrees" should be removed from the bill. Grandparenting Provisions . CPA remains concerned that individuals who will receive the license through the grandparenting provision of the bill may not have received academic training intrinsic to the counseling degrees proposed as a qualification for this license. CPA states that individuals who have earned only five of the nine core competencies during a Master's program would be allowed to gain the additional four courses post-degree to qualify for licensure. These courses would not be a part of the comprehensive curriculum. Further, passage of the examinations would not have to occur until SIX years after the grandparented-in LPC would begin practice. CPA contends that the bill creates "a situation where an LPC failing the examination and not qualified to provide services could have been engaged in psychotherapy with a patient for SIX years." Exclusion of Exam Requirements for MFTs and LCSWs . Most puzzling to CPA, is the exclusion of examination criteria for MFT and LCSW licensees. CPA states that this provision is a lenient avenue for MFTs and LCSW s to become dually licensed as LPCs. The practicing MFT or LCSW would only have to show verification of core coursework to become a licensed LPC without having to pass either of the Board-approved examinations, which is vital to determine the baseline competency of practitioners. CPA states that if the justification for AB 1486 Page 13 excluding the MFTs and LCSW s from the examination requirements is that the education and training are so similar that it would be a redundant and an unnecessary step, then the need for an LPC license must be re-thought in the first place. The American Association for Marriage and Family Therapy?California Division (AAMFT) argues in opposition that AB 1486 risks harming the public by providing counselors practice rights in excess of their education and training; risks harming the public by reducing the public mental health workforce; does nothing to enhance the quality of mental health services in the State of California; and is based on unfounded claims related to licensure need, workforce impact, and; the nature of the counseling profession. AAMFT argues "grandparenting is usually designed to grant practitioners who have demonstrated competence through years of practice the ability to continue practicing. In this case, counselors are already providing services in different forums, and wouldn't lose their jobs, but inexplicably AB 1486 lowers the standards during grandparenting, most incredibly lowering the experience requirements, and opens the door to non-clinical practitioners. Such provisions confuse and threaten the public because consumers will not know which threshold of education and training the counselor has met." AAMFT further indicates that the reciprocity language does not adequately protect the public, but allows individuals from another state to qualify for a license in California if they've had a license for two years and have experience and education similar to California's requirements, but does not require out-of-state applicants to take California-specific coursework in alcoholism, human sexuality, psychopharmacology, psychological testing, spousal abuse, and child abuse, as required by other disciplines. AAMFT believes the bill risks harming the public by reducing the public mental health workforce, contending that many counselors already work in the public mental health system in license-exempt settings. "Many practitioners in exempt settings will get a license and move into private practice where they will not be AB 1486 Page 14 accessible to the same population through Medi?Cal and will drive up costs to the most neediest by requiring out-of-pocket payments. 8.CAMFT Is Neutral on the Bill. The 29,000 member California Association of Marriage and Family Therapists (CAMFT) has removed its opposition based upon amendments made in the Assembly to allow this emerging field to have higher standards of practice, and more protections of the consumer. CAMFT indicates that the sponsors of the legislation have taken numerous amendments to accommodate their concerns. CAMFT states, "At some time in the future, we project that there will only be one masters level profession in California, with individuals specializing within that license. Thus, those who wish to specialize in systems work will do so; those who wish to specialize in art therapy will do so, etc. The current system with a variety of acronyms is confusing for consumers who just want to be helped and do not perceive greater value from one professional compared to the next." 9.Recent Amendments: Removing the Misdemeanor Penalty. The June 26, 2007 amendments by the sponsor were intended to address concerns raised by Public Safety Committee, which had asserted jurisdiction over the bill because the bill proposed to add a new misdemeanor crime for any person who violated the act. The Public Safety Committee's consideration of Receivership/Overcrowding Crisis Aggravation (ROCA) Implications, due to the current extraordinary and severe prison and jail overcrowding crisis in California has caused it to hold a number of bills that could result in additional prison or jail overcrowding. Therefore, this bill was amended to provide that violation of the chapter is subject to a civil penalty of up to $3,500 for each violation and to remove the misdemeanor crime from the bill. This amendment has engendered concern by those who oppose the bill, who argue that this bill would create a standard for those who violate the LPC law that is not equal to other licensing laws in the Business and Professions Code. Indeed, professional licensing acts AB 1486 Page 15 generally provide that any violation of the act is misdemeanor. Although the misdemeanor issue is a legitimate consideration, the Committee may wish to focus its attention on the greater policy issue of licensure of licensed professional counselors. As the agency that will enforce the LPC law, as well as the MFT and LCSW licensing laws, the Board has indicated that it is not greatly concerned with the amendment. NOTE: Double-referral to Public Safety Committee second. SUPPORT AND OPPOSITION: Support: California Coalition for Counselor Licensure (CCCL, sponsor) Board of Behavioral Sciences American Art Therapy Association American Association of State Counseling Boards American Counseling Association American Counseling Association, Western Region American Dance Therapy Association American Mental Health Counselors Association American Rehabilitation Counseling Association Association for Counselor Education and Supervision Association for Play Therapy California Association of School Counselors California Career Development Association California Mental Health Counselors Association California Psychiatric Association California Registry of Professional Counselors and Paraprofessionals California Rehabilitation Counseling Association Commission on Rehabilitation Counselor Certification Mental Health Association in California National Board for Certified Counselors National University, Department of School Counseling Northern California Art Therapy Association Western Association for Counselor Education and Supervision Numerous individuals AB 1486 Page 16 Opposition: American Association For Marriage and Family Therapy-California Division Citizens Commission on Human Rights Oppose Unless Amended: California Psychological Association Central Coast Psychological Association Contra Costa Psychological Association Los Angeles County Psychological Association Pacific Cascade Psychological Association Santa Clara County Psychological Association Numerous individuals Consultant:G. V. Ayers